Search Results for "onus of proof"

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Supreme Court

Supreme Court Upholds Death Sentence in Kidnapping and Murder Case — Conviction Based on Circumstantial Evidence Including Last Seen, Ransom Demand, and Recovery of Body. The court held that the chain of circumstances was complete and consistent only with the guilt of the accused under Sections 364A, 302, 120-B, 201 read with Section 34 IPC.

24 Apr 2020

The case pertains to the kidnapping and murder of an 8-year-old boy, Yug, son of Dr. Mukesh Chandak, a dentist in Nagpur. On 1st September 2014, Yug w...

Supreme Court

Supreme Court Dismisses Appeal in Will Dispute — Upholds High Court's Finding of Non-Genuine Will Due to Suspicious Circumstances. The court affirmed that the propounder of a Will must dispel all suspicious circumstances, and the High Court's reversal of the Trial Court's decree was justified based on inconsistencies in evidence.

24 Apr 2020

The case involves a civil appeal by the plaintiffs-appellants against the High Court of Karnataka's judgment dated 26.10.2007, which reversed the Tria...

Supreme Court

Supreme Court Restores Concurrent Findings of Fraud in Property Dispute Between Siblings — General Power of Attorney and Sale Deeds Set Aside as Void. The court held that the plaintiff had sufficiently proved fraud by preponderance of probabilities, and the High Court erred in reversing the concurrent findings without establishing perversity.

1 Jan 2020

The dispute arose between the plaintiff, Joginder Kaur (since deceased, represented by her daughter Nirmal Gill), and her step-brothers and step-siste...

Supreme Court

Supreme Court Allows Insurer's Appeal in Life Insurance Claim Repudiation Case Due to Suppression of Previous Policy. Non-disclosure of existing life insurance policy in proposal form held to be material misrepresentation entitling insurer to repudiate claim within two years under Section 45 of Insurance Act, 1938.

24 Apr 2019

The case involves an appeal by Reliance Life Insurance Co Ltd against the decision of the National Consumer Disputes Redressal Commission (NCDRC) whic...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Conviction Due to Insufficient Rebuttal of Presumption. The Court held that the accused successfully raised a probable defence by questioning the complainant's financial capacity and the circumstances of the loan, thereby rebutting the presumption under Section 139 of the Negotiable Instruments Act, 1881.

27 Mar 2019

The Supreme Court considered an appeal by the accused against the High Court of Karnataka's judgment convicting him under Section 138 of the Negotiabl...

Supreme Court

Supreme Court Allows Revenue's Appeal in Income Tax Case — Upholds Addition Under Section 68 for Unexplained Share Capital. Assessee Failed to Prove Identity, Creditworthiness, and Genuineness of Investor Companies Despite Receiving Share Premium at Rs. 190 per Share.

1 Jan 2019

The present appeal arises from a judgment of the Delhi High Court in an income tax appeal concerning the assessment year 2009-10. The respondent-asses...

Supreme Court

Supreme Court Allows Revenue's Appeal in Share Capital/Premium Case — Assessee Failed to Prove Identity, Creditworthiness, and Genuineness of Investors Under Section 68 of Income Tax Act. The onus under Section 68 is on the assessee to establish the identity, creditworthiness, and genuineness of transactions; mere production of documents is insufficient when investor companies are non-existent or unresponsive.

1 Jan 2019

The present appeal arises from a judgment of the Delhi High Court in an income tax appeal concerning the assessment year 2009-10. The respondent-asses...

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